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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS TO THE HERITAGE ACT 1995 3
4. National Trust entitled to notice 3
5. Amendments to penalty provisions 3
6. Certain activities prohibited 4
7. Prohibition of certain activities in relation to historic shipwrecks
and historic shipwreck relics 4
8. New sections 150E, 150F and 150G inserted 4
150E. Court order for entry to residence 4
150F. Announcement before entry of residence using order 6
150G. Powers on entry using order 6
9. Failure to comply with order under section 162 7
10. Prosecution of offences 7
11. New section 183A inserted 7
183A. Powers of court with respect to contravention 7
12. New Division 6 of Part 10 inserted 8
Division 6--Transitional Provisions arising from Heritage
(Amendment) Act 2003 8
213B. Application of amendments made by the Heritage
8
(Amendment) Act 2003
13. Statute law revision 9
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989 10
14. Amendment to Schedule 4 to the Magistrates' Court Act 1989 10
ENDNOTES 11
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PARLIAMENT OF VICTORIA
Initiated in Assembly 26 August 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Heritage Act 1995 and the Magistrates' Court Act
1989 and for other purposes.
Heritage (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Heritage Act 1995--
5 (i) to increase penalties for certain
offences under that Act; and
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Heritage (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
(ii) to give the court a power to make any
order it considers appropriate to remedy
or restrain a breach of the Act if a
Victorian Legislation and Parliamentary Documents
person is found guilty or convicted of
5 an offence under that Act; and
(iii) to give the Magistrates' Court the power
to make an order permitting entry to a
residence, for the purpose of
investigating its cultural heritage
10 significance, if the residence is
unoccupied or if entry has been refused
by the occupier;
(b) to make further provision in the
Magistrates' Court Act 1989 to enable
15 certain indictable offences under the
Heritage Act 1995 to be tried in the
Magistrates' Court.
2. Commencement
This Act comes into operation on the day after the
20 day on which it receives the Royal Assent.
3. Principal Act
See: In this Act the Heritage Act 1995 is called the
Act No.
Principal Act.
93/1995.
Reprint No. 3
as at
1 April 2001
and
amending
Act Nos
11/2001 and
11/2002.
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__________________
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 4
PART 2--AMENDMENTS TO THE HERITAGE ACT 1995
Victorian Legislation and Parliamentary Documents
4. National Trust entitled to notice
In section 78A of the Principal Act, for "78(3)"
substitute "78(4)".
5 5. Amendments to penalty provisions
(1) In section 124(3) of the Principal Act--
(a) for "20 penalty units" substitute "60 penalty
units"; and
(b) for "40 penalty units" substitute
10 "120 penalty units".
(2) In sections 36(13), 59(1), 107(1), 107(2), 107(3),
108(2), 112(1), 115(1), 115(3), 115(5), 128,
130(2), 131(1), 132(1), 132(2), 133(3) and 134(1)
of the Principal Act--
15 (a) for "50 penalty units" substitute
"120 penalty units"; and
(b) for "100 penalty units" substitute
"240 penalty units".
(3) In section 129(5) of the Principal Act--
20 (a) for "50 penalty units" substitute
"240 penalty units"; and
(b) for "100 penalty units" substitute
"480 penalty units".
(4) In sections 109(4), 110(1), 111(6) and 113(7) of
25 the Principal Act--
(a) for "100 penalty units" substitute
"240 penalty units"; and
(b) for "200 penalty units" substitute
"480 penalty units".
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 6
(5) In sections 127(1) and 127(2) of the Principal
Act--
Victorian Legislation and Parliamentary Documents
(a) for "120 penalty units" substitute
"600 penalty units"; and
5 (b) for "240 penalty units" substitute
"1200 penalty units".
(6) In sections 64(1), 64(2), 64(3), 111(1) and 164 of
the Principal Act--
(a) for "1500 penalty units" substitute
10 "2400 penalty units"; and
(b) for "3000 penalty units" substitute
"4800 penalty units".
6. Certain activities prohibited
After section 64(4) of the Principal Act insert--
15 "(5) An offence against sub-section (1), (2) or (3)
is an indictable offence.".
7. Prohibition of certain activities in relation to
historic shipwrecks and historic shipwreck relics
After section 111(1) of the Principal Act insert--
20 "(1A) An offence against sub-section (1) is an
indictable offence.".
8. New sections 150E, 150F and 150G inserted
After section 150D of the Principal Act insert--
'150E. Court order for entry to residence
25 (1) An inspector or a person authorised by the
Heritage Council ("authorised person")
may apply to a magistrate for an order
permitting entry to a residence, other than a
registered place, for the purpose of
30 investigating its cultural heritage
significance if--
4
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 8
(a) the occupier of the residence refuses to
give written consent to entry under
section 150(2); or
Victorian Legislation and Parliamentary Documents
(b) after reasonable efforts have been made
5 by the inspector or authorised person to
locate the occupier, the inspector or
authorised person is satisfied the
residence is unoccupied.
(2) The inspector or authorised person must
10 serve a copy of an application under sub-
section (1)(a) on the occupier of the
residence, not later than 14 days before the
day for hearing the application.
(3) The magistrate may make an order under this
15 section if the magistrate is satisfied--
(a) by evidence on oath, whether oral or by
affidavit, of the matters set out in sub-
section (1); and
(b) that entry is warranted in all the
20 circumstances.
(4) An order under this section--
(a) must state a day, not later than 28 days
after the making of the order, on which
the order ceases to have effect; and
25 (b) may authorise an inspector or
authorised person named in the order
and any assistants the inspector or
authorised person considers necessary
to enter the residence described in the
30 order.
(5) An order made under this section has effect
and may be enforced as if it were an order or
judgment made by the Magistrates' Court
under the Magistrates' Court Act 1989.
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 8
(6) In this section, "residence" means a
building or part of a building ordinarily used
as a residence.
Victorian Legislation and Parliamentary Documents
150F. Announcement before entry of residence
5 using order
(1) Before attempting to enter a residence under
an order under section 150E, the inspector or
authorised person, or a person assisting the
inspector or authorised person--
10 (a) must announce that he or she is
authorised by the order to enter the
residence; and
(b) give any person at the residence an
opportunity to allow entry to the
15 residence.
(2) If the occupier or another person who
apparently represents the occupier is present
at a residence when the inspector or
authorised person enters it under an order
20 under section 150E, the inspector or
authorised person must--
(a) identify himself or herself to that
person by producing for inspection--
(i) his or her identity card in the case
25 of an inspector; or
(ii) the authorisation of the Heritage
Council in the case of an
authorised person; and
(b) give to that person a copy of the order.
30 150G. Powers on entry using order
An inspector or authorised person, or a
person assisting the inspector or authorised
person, acting in accordance with an order
under section 150E may--
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 9
(a) take photographs (including video
recordings); and
Victorian Legislation and Parliamentary Documents
(b) make measurements and sketches; and
(c) use any other means of recording
5 information necessary for the purposes
of this Act.'.
9. Failure to comply with order under section 162
At the end of section 164 of the Principal Act
insert--
10 "(2) An offence against sub-section (1) is an
indictable offence.".
10. Prosecution of offences
At the end of section 175 of the Principal Act
insert--
15 "(2) This section does not apply to any indictable
offence under this Act.".
11. New section 183A inserted
After section 183 of the Principal Act insert--
"183A. Powers of court with respect to
20 contravention
(1) If, in proceedings for an offence under this
Act, a person is found guilty or convicted of
that offence, the court may make any order
that it considers appropriate to remedy or
25 restrain the contravention that constitutes the
offence.
(2) Without limiting the powers of the court
under sub-section (1), an order made under
that sub-section may--
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Act No.
Part 2--Amendments to the Heritage Act 1995
s. 12
(a) if the contravention constituting the
offence comprises the construction of a
building or the carrying out of works,
Victorian Legislation and Parliamentary Documents
require the demolition or removal of the
5 building or works; or
(b) if the contravention constituting the
offence has the effect of altering the
appearance or physical nature of a place
or the state of land on which there is a
10 registered place or registered object,
require the restoration or reinstatement,
so far as is possible, of the place or
object to the condition it was in
immediately before the contravention.
15 (3) An order made under this section may be
enforced in the court by which it was made
by any means available to that court of
enforcing an order made by it in a civil
proceeding.
20 (4) This section does not affect the operation of
section 168.".
12. New Division 6 of Part 10 inserted
After Division 5 of Part 10 of the Principal Act
insert--
25 "Division 6--Transitional Provisions arising
from Heritage (Amendment) Act 2003
213B. Application of amendments made by the
Heritage (Amendment) Act 2003
(1) Sections 64(5), 111(1A) and 164(2) only
30 apply to offences alleged to have been
committed on or after the commencement of
the Heritage (Amendment) Act 2003.
8
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Heritage (Amendment) Act 2003
Act No.
Part 2--Amendments to the Heritage Act 1995
s. 13
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
between two dates, one before and one after
Victorian Legislation and Parliamentary Documents
the commencement of the Heritage
5 (Amendment) Act 2003, the offence is
alleged to have been committed before that
commencement.".
13. Statute law revision
(1) Part 11 of the Principal Act is repealed.
10 (2) Schedule 2 to the Principal Act is repealed.
__________________
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Heritage (Amendment) Act 2003
Act No.
Part 3--Amendments to the Magistrates' Court Act 1989
s. 14
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
Victorian Legislation and Parliamentary Documents
14. Amendment to Schedule 4 to the Magistrates' Court
Act 1989
5 See: In item 61 of Schedule 4 to the Magistrates'
Act No.
Court Act 1989, for "Part 5" substitute "Part 4,
51/1989.
Reprint No. 9 Part 5 and Part 8".
as at
7 May 2003
and
amending
Act Nos
27/2002,
28/2003,
39/2003 and
52/2003.
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Heritage (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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